Two Florida consumers sued Publix in Florida state court, Eleventh Judicial Circuit, over Publix’s private-label “Orange Blossom Honey” and “Pure Clover Honey.” Three other Florida consumers filed separate federal-court actions in the U.S. District Court for the Southern District of Florida against Target, which makes “Market Pantry” and “Archer Farms” honeys; Walgreens, which makes Walgreens brand and “Nice” honey; and Aldi, which sells its “Berryhill Clover Honey” in stores throughout Florida.

The lawsuits allege that Publix, Target, Walgreens and Aldi remove all traces of naturally occurring pollen from their honey products, violating Florida’s “honey standard of identity,” which requires that no pollen be removed “except where unavoidable in the removal of foreign matter,” such as bug parts, wax and debris. The plaintiffs allege that the retailers filter their branded honeys so extensively that all of the pollen is removed unnecessarily.

“Any reasonable consumer believes that when they buy a product labeled ‘honey,’ it actually is honey,” Meyer said. “It needs to meet the legal standard. If not, the company that sells the product needs to label it in a way that distinguishes it from real honey so that consumers aren’t misled.”

According to the complaints, pollen contains numerous health benefits and is rich in protein, vitamins and minerals and is used to trace the plant origin of honey. Without pollen, the product’s source—whether it be “orange blossom,” “clover” or otherwise—cannot be verified.

Additionally, pollen is necessary to trace the geographic origin of honey. The plaintiffs’ lawsuits refer to recent news reports regarding the large-scale smuggling of Chinese honey into the United States market, noting that unscrupulous Chinese honey manufacturers frequently use an ultra-filtration process to disguise the origin of their honey. In some instances, the honey was contaminated with chemicals such as metals and antibiotics.

“Consumers deserve some assurances that the type and source of their honey can be verified,” Kellogg said. “Honey without pollen just isn’t honey.”

Meyer and Kellogg estimate that there may be thousands if not tens of thousands of potential customers who purchased honey without pollen from Publix, Target, Walgreens, Aldi and others in the past four years, and intend to file additional lawsuits against other retailers who sell honey without pollen.

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